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First Amendment › Civil Rights Act › Employment Discrimination

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

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Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Foley & Lardner LLP

DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

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As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more

Dinsmore & Shohl LLP

Court Blocks Enforcement of Anti-DEI Executive Orders

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What, exactly, is “illegal” Diversity, Equity and Inclusion (“DEI”)? As we previously reported, two recent Executive Orders (“EO”) prohibit “illegal” DEI practices that violate longstanding civil rights laws, but fail to...more

Lathrop GPM

Whistleblowers Get a Stronger Whistle: The False Claims Act Liability Under President Trump’s DEI Order

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One of the new administration’s Executive Orders, titled “Ending Illegal Discrimination and Restoring Merit-Base Opportunity,” has significant potential impact on companies operating diversity, equity and inclusion (DEI)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Denies Bid to Stay Preliminary Injunction Blocking President Trump’s DEI-Related Executive Orders

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On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and...more

CDF Labor Law LLP

Federal Court Temporarily Blocks Enforcement of President Trump’s Anti-Diversity Equity and Inclusion Executive Orders

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On February 21, 2025, the federal district court for the District of Maryland blocked President Donald Trump from enforcing a majority of two January 2025 Executive Orders that seek to eliminate diversity, equity and...more

McDermott Will & Schulte

Federal Court Blocks Trump’s Anti-DEI Executive Orders Nationwide

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Shortly after taking office, President Donald Trump issued two executive orders (EOs) targeting diversity, equity, and inclusion (DEI) programs: EO 14151, “Ending Radical And Wasteful Government DEI Programs and...more

Wiley Rein LLP

Key Parts of Anti-DEI Executive Orders Blocked by Federal Judge

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On Friday, February 21, 2025, the U.S. District Court for the District of Maryland issued a nationwide preliminary injunction that enjoins aspects of two Executive Orders (EOs), EO 14151, “Ending Radical and Wasteful...more

Vinson & Elkins LLP

What is “Illegal DEI”: Vagueness Partially Sinks President Trump’s Executive Orders on Diversity, Equity and Inclusion

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On February 21, 2025, a federal judge issued a nationwide preliminary injunction that partially prevents the Trump administration from enforcing its executive orders on diversity, equity and inclusion (“DEI”). At issue were...more

Littler

Federal Court Enjoins Trump Administration’s Broad Attack on DEI

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On February 21, a federal district court judge issued a preliminary injunction against several elements of Trump’s executive orders regarding DEI or DEIA. The reach of this preliminary injunction goes beyond the plaintiffs in...more

Seyfarth Shaw LLP

Federal Court Issues Nationwide Preliminary Injunction Blocking Enforcement of Key Provisions of DEI Executive Orders

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On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of the January 2025 executive orders targeting DEI programs. The nationwide...more

Akin Gump Strauss Hauer & Feld LLP

Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Trump EO Tracker)

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The Order rescinds all diversity, equity, and inclusion (DEI) practices or programs across all executive departments and agencies. It also revokes the following executive actions: Executive Order 12898 of February 11, 1994...more

Constangy, Brooks, Smith & Prophete, LLP

President Trump’s anti-DEI executive orders face challenge

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Less than two weeks after President Donald J. Trump signed two executive orders dismantling diversity, equity, inclusion, and accessibility, the constitutionality of the EOs is being challenged. The two Executive Orders...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI at Stake: Federal Groups Challenge Trump’s Efforts to Curb Inclusivity

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Trump administration is facing a new legal challenge to President Donald Trump’s executive orders (EOs) to eliminate diversity, equity, and inclusion (DEI) programs and initiatives after a group of diversity officers,...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

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Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Lowndes

Title IX Ruling Limits Definition of “Sex” in Education Parity, May Impact Employers

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A recent federal court ruling that struck down expanded Title IX protections has implications that could extend well beyond educational institutions. By rejecting the Biden administration’s Title IX rules that expanded sex...more

Herbert Smith Freehills Kramer

Employers Required to Provide Notice Under New York State Reproductive Health Bias Law Following Second Circuit Ruling Vacating...

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On Jan. 2, 2025, the U.S. Court of Appeals for the Second Circuit in CompassCare v. Hochul vacated a lower court’s injunction that had forestalled implementation of a requirement under New York’s reproductive health bias law,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Legislature Sends Governor Bill Prohibiting Employer ‘Captive Audience’ Meetings

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On August 31, 2024, the California Legislature passed the California Worker Freedom from Employer Intimidation Act, Senate Bill (SB) No. 399. The bill heads to Governor Gavin Newsom, who has until September 30, 2024, to sign...more

Jenner & Block

[Ongoing Program] CLE Relay – Session 7 – US Supreme Court Term in Review - June 27th, 10:00 am - 11:30 am PDT

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The CLE will discuss recent developments at the Court, including the fall-out from key decisions of last term, and recent high-profile discussion of the Court. The panel will also discuss prominent cases from the current...more

Goldberg Segalla

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

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Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria...more

Constangy, Brooks, Smith & Prophete, LLP

Judge shuts down LGBT guidance

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And opens up a can of worms. In June 2021, the Equal Employment Opportunity Commission (or, to be more precise, EEOC Chair Charlotte Burrows, a Democrat*) issued non-binding guidance about LGBT workers. ...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

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Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Fisher Phillips

Upcoming SCOTUS Term Promises To Be A Blockbuster

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If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

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